Dismissed
EB-1C
EB-1C Dismissed — Engineering (2013): the beneficiary's one year of required foreign employment
Decision Summary
The appeal was dismissed because the beneficiary's one year of required foreign employment did not occur prior to his employment with the U.S. petitioner, as required by statute. The beneficiary's U.S. employment began in 2007, while his claimed foreign employment did not start until 2008. Additionally, the petitioner failed to provide sufficient evidence that the beneficiary was actually employed by the foreign entity, rather than just working abroad on behalf of the U.S. company.
Criteria Discussed
One Year Of Foreign Employment Timing Of Foreign Employment Relative To U.S. Employment Proof Of Employment By The Foreign Entity Qualifying Relationship Between Entities
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